The Canadian singer, whose real name is Claire Boucher, has claimed Musk will not give her access to one of their children, according to documents filed in the Superior Court of San Francisco last week.
The call to action aims to have the court name the legal parents of a child when they are not married.
Though the docket for the case is public, the filings are sealed. It seems Musk has not yet responded to the petition.
Grimes has not requested child support or custody rights, which are commonly filed with such a petition. The singer, 35, and Tesla CEO, 52, were never married but had three children together in their on-again, off-again relationship which began in 2018.
The dispute, it’s believed, is centred around the couple’s youngest child, named Techo Mechanicus, whose birth last year was kept secret until this September, when his existence surfaced in a New York Times review of Musk’s biography.
Techno Mechanicus was born via surrogate in June 2022. His nickname, Tau, is a reference to the Greek letter that represents two times the value of pi, an irrational number important in geometry and mathematics.
Tau roughly equals 6.28, a nod to Musk’s birthday on June 28.
In total, Musk has 10 known living children: six with his first wife Justine Musk (one is deceased), three with Grimes, and two with Shivon Zilis, a Canadian executive who works at Neuralink, one of Musk’s companies.
Zilis had twins in 2021 after Musk offered to be her sperm donor, according to Elon Musk, the biography by Walter Isaacson. This took place while Grimes was expecting the pair’s second child and she was unaware of the arrangement Musk had made with his employee.
In a since-deleted post on X last month, Grimes wrote: “Tell Shivon to unblock me and tell Elon to let me see my son or pls respond to my lawyer,” in response to a post from Isaacson.
Grimes added that the “situation” with Musk and Zilis’ twins was responsible for “utterly ripping my family apart.”
In a follow-up post, Grimes apologized for the statement, saying it was a “gut-level reaction to a thing that has been very hard for me.”
“Communication about the twins wasn’t handled super well in the past, but I now totally understand what happened and totally forgive the situation.”
Grimes added in the post that she wished she could show “how cute little Techno is,” but the singer’s priority “is keeping my babies out of the public eye.”
Global News has reached out to Grimes for further comment.
— With files from Global News’ Kathryn Mannie